**note: click on back button to return to home page**
ARRESTS AND PROSECUTIONS OF SAMUEL ROTH
Note: the date at the top of each entry is that of the arrest
or citation. For explanation of source abbreviations
see _Bookleggers and Smuthounds_, "Notes" (p.309), and
"Selected Bibliography, Archival Sources," (pp.381-82)
JANUARY 1923
charge: mailing obscene lit.
(Perfumed Garden--"Kama
Shastra Society")
disposition: guilty--6 months,
sentence suspended
source: New York City
police dept memo, 26 Feb.
1954 (Winchell archive)
JANUARY 1928
Charge: mailing obscene
circular (for Perfumed
Garden)
disposition: $500 fine; 6
months in jail (sentence
suspended)
source: Ledgers, 1928;
Roth, Stone Walls I: 115-18; "Summary of Report
. . . ," HH-Misrep.
JUNE 1928
charge: possessing indecent materials with
intent to sell (at Book Auction bookshop)
disposition: three months in workhouse (for violating parole)
source: New York City
police dept memo, 26 Feb. 1954 (Winchell
archive); Ledgers, 1928; FBI Files (document:
NY71-780).
OCTOBER 1929
charge: possession and sale of indecent literature
(Lady Chatterley's Lover, Ulysses, Fanny Hill, other
titles and pictures seized at Golden Hind Press)
disposition: two sources
(Winchell archives, Ledgers) say charges
were dismissed. Roth could not be directly
linked to the sale of the books. But he was
clearly involved in the operations of the Golden
Hind. The "jacket" of the
Indictment of U.S. v.
Samuel Roth, C53-79, U.
S. District Court, So.
District of N.Y., states he
was sentenced to "six
months imprisonment in
the Detention
Headquarters, NYC" for
violation of parole.
Sentence reduced to four
for good behavior.
source: see disposition
JUNE 1930
charge: sale and possession of obscene
books (Ulysses) in Philadelphia
disposition: 60 days in
Moyemensing Prison, to
which Roth was
remanded after serving
his time in New York
source: Winchell archive;
FBI files (says prison was
Holmsburg); affidavit by
Mark Hughes, 1 May
1959, U.S. v. Samuel
Roth, Cr148-9, U. S.
District Ct, So. District of
N.Y., #24030 (1959).
FEBRUARY 1931
charge: "unlawfully distributing by mail an
indecent circular . . ., advertising in an
indecent manner certain obscene
books or books purporting to be
obscene, and stating where and how they
could be obtained . . ."
disposition: case dismissed
source: " People v. Samuel Roth and People
v. Julius Moss, Memorandum for
People," (Magistrates' Court), File #90, MLE
Papers, pp. 2-4.
MARCH OR APRIL 1934
Charge: selling obscene book (Anecdota Americana)
disposition: $100 fine or
20 days in jail (paid fine)
source: Hughes affidavit;
letter, Sumner to C. S.
Bodwell, 30 June 1934,
Paige Box 3, WW
Papers; NYSSV ledgers
for 1934 (states 13
books were involved)
SEPTEMBER 1936
Charge: "Unlawfully, willfully, and knowingly
depositing and causing to be deposited nonmailable
matter and depositing certain obscene books,
etc. in express [i.e., Railway Express] office
for carriage from one state to another, and
conspiracy to do so."
disposition: three years and twenty days
(Lewisburg penitentiary);
then five years probation; $2000 fine (fine suspended)
source: US v. Pauline Roth and Samuel Roth
C99-114, US District Ct., So. District of NY, 1936;
Hughes affidavit; FBI Files (document: 71-889-7)
APRIL 1941
Charge: mailing obscene
book (Davies, A Bed of
Feathers and Tale)
disposition: term of probation extended
source: Hughes affidavit; Winchell Archive
NOVEMBER 1947
charge: mailing salacious advertisements for
obscene books (Self Defense for Women,
Waggish Tales of the Czechs) and fraudulently
advertising his novel Bumarap as salacious.
disposition: loss of mailing privileges for
various trade names under which Roth
advertised the books (Arrowhead Books,
Candide Books, Psychic Research Press)
source: Transcript of Proceedings Before the
Solicitor For the Post Office Dept., In the
Matter of Arrowhead Books, Nov. 7, 1947,
US Dept. of Justice, Central Files, No. 145-5-301, NA;
Roth v. Goldman, US Court of
Appeals, 2nd Circuit, So. District of New York,
Transcript of Record;
Roth v. Goldman 172
F.2d 788 (1949).
OCTOBER 1950
charge: fraudulent mailings of salacious
advertisements for books not in themselves
deemed obscene (The Human Beast, Radiquet's
The Devil in the Flesh and de Jong's The
Desperate Children)
disposition: loss of mailing privileges for
various trade names under which Roth
advertised the books
source: Roth v. Goldman, Civ. 62-397,
US District Court, So. District of New York
(filed 19 June, 1951)
MARCH 1951
charge: mailing obscene book (his Beautiful
Sinners of New York)
disposition: acquitted
source: Hughes affidavit
APRIL 1954
charge: possession of obscene books,
magazines and pamphlets (50,000
books and list of 300,000 mail order
customers seized). Also charged with assault on
a police officer (see below).
disposition: after Roth promised not to sue,
case dismissed due to vagueness of search
warrant and illegal methods of search and
seizure. On this occasion, New York
police, under direction of an assistant District
Attorney, raided the office of The Seven
Sirens Press on Lafayette Street and Roth's
apartment on the upper West Side. All books,
correspondence, and furniture was removed
from the office. Roth attempted to leave the
apartment to make a telephone call and an
altercation with a police officer occurred.
source: PW 8 May, 1954: 1994-95; PW 28
May 1955: 2359; Talese, Thy Neighbor's Wife,
103-04; FBI files, memo from SAC to the
Director, 4 March 1955.
JULY 1955
charge: mailing obscene advertisements and
obscene books (26 count federal indictment)
disposition: five years in Lewisburg Penitentiary
source: Grand Jury Indictment, U.S. v.
Samuel Roth, Cr 148-9, U.S. District Ct., So.
District of N.Y. (1956); NYT, July 21, 1955: 48;
PW 21 Jan. 1956: 241.
copyright Jay A. Gertzman, 1999.
Fair Use provisions acknowledged.